WLKY Investigates: Paying For Prosecutor's Problem

In the volatile cases of David Camm, the former Indiana state trooper, charged with killing his wife and children in 2000, the revelation that the Floyd County Prosecutor Keith Henderson had privately signed a book deal was explosive.

Henderson, the lead prosecutor in Camm?s second murder trial had privately signed an agreement to write a book about the case in 2006, shortly after Camm?s conviction.

But the Camm case wasn?t over. His conviction was overturned for a second time.

Defense attorneys seized on Henderson?s book deal.

In 2009, Camm?s attorney, Richard Kammen, announced, ?It?s all about the book,? as he filed a motion to appoint a special prosecutor and remove Henderson from the case because of the claim of conflict.

"The book, the desire for the book will drive this case," Kammen said.

While the trial judge agreed that there was not a conflict, the decision went to the Indiana Appeals Court. In November 2011, three judges wrote ?by signing a contract to author and publish a book about the Camm case,? Henderson had ?permanently compromised his ability advocate on behalf of the people of Indiana.? It was, the appellate judges ruled, ?a clear and convincing? conflict.?

The Ethics Complaint

While the question of conflict is now before the Indiana Supreme Court, there is another issue the prosecutor faces: an ethics complaint filed with the Indiana Disciplinary Commission, which investigates claims of attorney misconduct.

While the commission cannot confirm there is a complaint, there is plenty of paperwork to show it exists, primarily bills from the prosecutor?s legal team.

That team of attorneys is with Frost Brown Todd LLC, in Indianapolis. Records show they are charging Henderson $375 an hour to deal with the complaint. The total legal bill already totals nearly $10,000.

Last June, Henderson asked for and got the Floyd County commissioners to pay the legal bills associated with the complaint.

Full Support Steve Bush, the president of the Floyd County commissioners was clear: "I will support Keith Henderson." But what he and the other commissioners supported may be up for question.

When WLKY questioned using taxpayer money to pay for defending an attorney on an ethics complaint, Bush seemed surprised.

Part 2: Paying For Prosecutor's Problem

"From my understanding of the procedure, it's still part of the case and so, I think we need to support Mr. Henderson as far as the case goes, not necessarily as far as the book deal. It's all grouped together at least in my opinion. I could be wrong,? Bush said.

Adams is not associated with the case. WLKY asked him what he thought of the prosecutor getting reimbursed for his legal fees to defend against an ethics complaint.

"He was asking as an individual and not within the scope of his duties, because he was attempting to enrich himself by the selling of this book," Adams said. ?Had it been me, I never would have asked for reimbursement."

While the commissioners agreed to pay the legal expenses, after WLKY?s questions, the president conceded that he should have asked more questions.

"If it's not part of the trial, and if it's a civil part of it, if you will, on his own, then maybe we need to scrutinize it a little bit harder," Bush said.

Prosecutor Accuses, Avoids Answers

While the president answered WLKY?s questions, the prosecutor did not. Henderson would not return repeated calls and inquiries.

Last week, WLKY asked Henderson to comment. Below is the full transcript of that encounter with WLKY investigative reporter, Duane Pohlman:

Pohlman: Can you tell me why you can't answer questions about this? Henderson: About what? Pohlman: About what I've been asking ? about, the reimbursement and the request for reimbursement on the ethics complaint. Henderson: That's already been answered by the commissioners. Pohlman: But you haven't. And you're the one who made the request. Henderson: I didn't. It's already been granted. Pohlman: Right. But the request was made by you and what I'm trying to figure out is what rationale you have for an ethics complaint that appears to be personal rather? Henderson: You know what. I don't know you. You've left a threatening message. ? Pohlman: Threatening? that's awful strong language. Henderson: ? Up on the message on the machine. Pohlman: What's the threat about? Henderson: I've had a good relationship with the media. But I don't talk to reporters who leave messages threatening the county prosecutor.

(For the record, Pohlman left a message with Henderson, telling him that, since this case revolved around him, he needed a response and that he would have to ask him in person if he didn?t return his calls.)